LEGISLATION

Tracking legislation

Each year, Media Coalition review hundreds of federal, state and local bills that could violate our members’ First Amendment rights. Media Coalition monitors these bills through a watch list, which includes summaries clarifying bill language and highlight potential issues of concern to our members.

Click each category to expand the list of legislation or click the other links above to change the sorting display.

Display

This legislation places restrictions on how libraries, booksellers, home video and video game retailers may display certain content. These bills restrict the First Amendment rights of adults and minors to access constitutionally protected material.

New in display:

Alabama House Bill 428Alabama H.B. 428 would make it a crime for anyone to sell any device that allows access to the internet unless it contains an active filter that blocks or restricts access to “obscene material,” which is defined to include “sexual cyber harassment” and any offers or ads for prostitution or human trafficking.

Florida House Bill 337/Senate Bill 870Florida H.B. 337/S.B. 870 would make it illegal for a business or individual to manufacture, produce or sell any device that provides internet access unless it contains an active and operating filter that blocks or restricts access to: material harmful to minors, obscene material, “revenge porn.”

Indiana House Bill 1533Bars the manufacture or distribution of devices that provide access to the internet without active software that blocks material harmful to minors or obscene as designated by the attorney general.

Louisiana House Bill 172Louisiana H.B. 172 bars any retailer in Louisiana from selling or leasing any device that provides internet access unless it includes an “active and operating digital blocking” capability that renders obscene material inaccessible.

New Jersey Assembly Bill 405/Senate Bill 2928New Jersey A.B. 4503/S.B. 2928 makes it a violation of New Jersey’s consumer fraud act to manufacture, or distribute any product that makes content on the internet accessible unless it contains digital blocking capability that that blocks any obscene material, defined as obscenity or harmful to minors, inaccessible.

North Dakota House Bill 1185North Dakota House Bill 1185 bars any business or individual that manufactures, produces or sells any device that provides internet access unless it makes inaccessible obscene material and to any “intimate image” as defined in the North Dakota harmful to minors law.

Oklahoma House Bill 1472Oklahoma H.B. 1472 requires blocking of obscene material. It was amended to make filtering for obscenity opt in. Must still block “revenge porn” and sites that facilitate prostitution and human trafficking.

South Carolina House Bill 3003South Carolina H.B. 3003 requires that all devices that allow access to the internet must come with an “active and operating digital blocking capability” that make obscene material “inaccessible.”

Texas House Bill 2266 Texas H.B. 2266 bars a business from selling or leasing to a consumer any product that makes content accessible on the internet is barred from doing business in Texas unless the product contains an “active and operating digital blocking capability” that blocks access to obscene material.

West Virginia Senate Bill 447Senate Bill 447 bars any retailer from selling any devices that allow access to the internet without active and operating digital blocking capability” that blocks obscene material.

Wyoming HB 245Wyoming H.B. 245 deems anyone who manufactures, sells or distributes an internet enabled device in this state that does not contain blocking software to violate the existing law for distributing obscenity, which is subject to up to one year in prison.

Maryland House Bill 30Maryland H.B. 30 would bar the display of material if its cover or content is “harmful to minors.”

All display bills:

Alabama House Bill 428Alabama H.B. 428 would make it a crime for anyone to sell any device that allows access to the internet unless it contains an active filter that blocks or restricts access to “obscene material,” which is defined to include “sexual cyber harassment” and any offers or ads for prostitution or human trafficking.

Florida House Bill 337/Senate Bill 870Florida H.B. 337/S.B. 870 would make it illegal for a business or individual to manufacture, produce or sell any device that provides internet access unless it contains an active and operating filter that blocks or restricts access to: material harmful to minors, obscene material, “revenge porn.”

Indiana House Bill 1533Bars the manufacture or distribution of devices that provide access to the internet without active software that blocks material harmful to minors or obscene as designated by the attorney general.

Kansas House Bill 2165Kansas H.B. 2165 would change the scienter requirement from “knowingly” to “recklessly” with regards to displaying and distributing materials that are considered “harmful to minors.”

Kansas House Bill 2496Kansas H.B. 2496 would change the scienter requirement from “knowingly” to “recklessly” with regards to displaying and distributing materials that are considered “harmful to minors.” It is a companion bill to S.B. 401.

Kansas Senate Bill 401Kansas S.B. 401 would change the scienter requirement from “knowingly” to “recklessly” with regards to displaying and distributing materials that are considered “harmful to minors.” It is a companion bill to H.B. 2496.

Louisiana House Bill 172Louisiana H.B. 172 bars any retailer in Louisiana from selling or leasing any device that provides internet access unless it includes an “active and operating digital blocking” capability that renders obscene material inaccessible.

Maryland House Bill 30Maryland H.B. 30 would bar the display of material if its cover or content is “harmful to minors.”

New Jersey Assembly Bill 405/Senate Bill 2928New Jersey A.B. 4503/S.B. 2928 makes it a violation of New Jersey’s consumer fraud act to manufacture, or distribute any product that makes content on the internet accessible unless it contains digital blocking capability that that blocks any obscene material, defined as obscenity or harmful to minors, inaccessible.

North Dakota House Bill 1185North Dakota House Bill 1185 bars any business or individual that manufactures, produces or sells any device that provides internet access unless it makes inaccessible obscene material and to any “intimate image” as defined in the North Dakota harmful to minors law.

Oklahoma House Bill 1472Oklahoma H.B. 1472 requires blocking of obscene material. It was amended to make filtering for obscenity opt in. Must still block “revenge porn” and sites that facilitate prostitution and human trafficking.

South Carolina House Bill 3003South Carolina H.B. 3003 requires that all devices that allow access to the internet must come with an “active and operating digital blocking capability” that make obscene material “inaccessible.”

Texas House Bill 2266 Texas H.B. 2266 bars a business from selling or leasing to a consumer any product that makes content accessible on the internet is barred from doing business in Texas unless the product contains an “active and operating digital blocking capability” that blocks access to obscene material.

West Virginia Senate Bill 447Senate Bill 447 bars any retailer from selling any devices that allow access to the internet without active and operating digital blocking capability” that blocks obscene material.

West Virginia Senate Bill 128West Virginia S.B. 128 would bar the dissemination and display to minors of “harmful to minors” material, but the bill does not define “harmful to minors.”

West Virginia Senate Bill 640West Virginia S.B. 640 would would bar the dissemination or display of any depictions of nudity or sexual conduct to minors.

Wyoming HB 245Wyoming H.B. 245 deems anyone who manufactures, sells or distributes an internet enabled device in this state that does not contain blocking software to violate the existing law for distributing obscenity, which is subject to up to one year in prison.

Harmful to Minors

These bills attempt to restrict material for minors beyond what the Supreme Court allows or is done in a way that violates the constitutional rights of adults.

New in harmful to minors:

Alabama House Bill 428Alabama H.B. 428 would make it a crime for anyone to sell any device that allows access to the internet unless it contains an active filter that blocks or restricts access to “obscene material,” which is defined to include “sexual cyber harassment” and any offers or ads for prostitution or human trafficking.

Florida House Bill 337/Senate Bill 870Florida H.B. 337/S.B. 870 would make it illegal for a business or individual to manufacture, produce or sell any device that provides internet access unless it contains an active and operating filter that blocks or restricts access to: material harmful to minors, obscene material, “revenge porn.”

Indiana House Bill 1533Bars the manufacture or distribution of devices that provide access to the internet without active software that blocks material harmful to minors or obscene as designated by the attorney general.

Louisiana House Bill 172Louisiana H.B. 172 bars any retailer in Louisiana from selling or leasing any device that provides internet access unless it includes an “active and operating digital blocking” capability that renders obscene material inaccessible.

New Jersey Assembly Bill 405/Senate Bill 2928New Jersey A.B. 4503/S.B. 2928 makes it a violation of New Jersey’s consumer fraud act to manufacture, or distribute any product that makes content on the internet accessible unless it contains digital blocking capability that that blocks any obscene material, defined as obscenity or harmful to minors, inaccessible.

North Dakota House Bill 1185North Dakota House Bill 1185 bars any business or individual that manufactures, produces or sells any device that provides internet access unless it makes inaccessible obscene material and to any “intimate image” as defined in the North Dakota harmful to minors law.

Oklahoma House Bill 1472Oklahoma H.B. 1472 requires blocking of obscene material. It was amended to make filtering for obscenity opt in. Must still block “revenge porn” and sites that facilitate prostitution and human trafficking.

South Carolina House Bill 3003South Carolina H.B. 3003 requires that all devices that allow access to the internet must come with an “active and operating digital blocking capability” that make obscene material “inaccessible.”

Texas House Bill 2266 Texas H.B. 2266 bars a business from selling or leasing to a consumer any product that makes content accessible on the internet is barred from doing business in Texas unless the product contains an “active and operating digital blocking capability” that blocks access to obscene material.

West Virginia Senate Bill 447Senate Bill 447 bars any retailer from selling any devices that allow access to the internet without active and operating digital blocking capability” that blocks obscene material.

Wyoming HB 245Wyoming H.B. 245 deems anyone who manufactures, sells or distributes an internet enabled device in this state that does not contain blocking software to violate the existing law for distributing obscenity, which is subject to up to one year in prison.

Maryland House Bill 30Maryland H.B. 30 would bar the display of material if its cover or content is “harmful to minors.”

All harmful to minors bills:

Alabama House Bill 39Alabama H.B. 39 would impose a 40 percent tax on “harmful to minors” material, with the exception of movies rated “R” or “NC-17.” It would also impose a 10 percent tax on sexually oriented material.

Alaska House Bill 127
Alaska H.B. 127 would narrow the state’s “harmful to minors” law as applied to the internet to limit it to distribution to a minor under 16 years old and if the adult is reckless about the minor’s age. It is companion to S.B. 72.

Alaska House Bill 298
Alaska H.B. 298 would bar any distribution of “indecent material” to a minor or someone the person believes is a minor. The existing state law’s definition of “indecent material” goes beyond the Miller/Ginsberg test. It is a companion bill to S.B. 222.

Alaska Senate Bill 72
Alaska S.B. 72 would narrow the state’s “harmful to minors” law as applied to the internet to limit it to distribution to a minor under 16 years old and if the adult is reckless about the minor’s age. It is companion to H.B. 127.

Alaska Senate Bill 222
Alaska S.B. 222 would bar any distribution of “indecent material” to a minor or someone the person believes is a minor. The existing state law’s definition of “indecent material” goes beyond the Miller/Ginsberg test. It is a companion bill to H.B. 298.

Colorado Senate Bill 125Colorado S.B. 125 would create a “harmful for minors” law that would bar both dissemination and access for minors to material that is illegal for minors under Ginsberg v. New York. The bill would restrict the First Amendment rights of adults to access constitutionally protected material.

Delaware Senate Bill 68Delaware S.B. 68 would bar the advertising to a minor of certain First Amendment-protected material. Websites directed to minors would be barred from advertising the material altogether.

Florida House Bill 75
Florida H.B. 75 would bar the distribution or transmission by a minor of any image that contains nudity and is “harmful to minors” by electronic means, including the internet.

Hawaii House Bill 1007
Hawaii H.B. 1007 would criminalize the dissemination of “harmful to minors” material to an adult, if the adult represented him or herself to be a minor. The state’s existing “harmful to minors” law does not follow the Miller/Ginsberg test. It is companion to S.B. 1234.

Hawaii Senate Bill 1234
Hawaii S.B. 1234 would criminalize the dissemination of “harmful to minors” material to an adult, if the adult represented him or herself to be a minor. The state’s existing “harmful to minors” law does not follow the Miller/Ginsberg test. It is companion to H.B. 1007.

Indiana House Bill 1042Indiana H.B. 1042 would bar any business or individual from selling any material that contains “sexually explicit” content unless they have registered with the Secretary of State.

Kansas House Bill 2165Kansas H.B. 2165 would change the scienter requirement from “knowingly” to “recklessly” with regards to displaying and distributing materials that are considered “harmful to minors.”

Kansas House Bill 2496Kansas H.B. 2496 would change the scienter requirement from “knowingly” to “recklessly” with regards to displaying and distributing materials that are considered “harmful to minors.” It is a companion bill to S.B. 401.

Kansas Senate Bill 401Kansas S.B. 401 would change the scienter requirement from “knowingly” to “recklessly” with regards to displaying and distributing materials that are considered harmful to minors.” It is a companion bill to H.B. 2496.

Louisiana House Bill 153Louisiana H.B. 153 would require any website in the state who publishes “harmful to minors” material to make every visitor “electronically acknowledge and attest” to being 18 years old before accessing the material.

Louisiana House Bill 258Louisiana H.B. 258 would require any website that publishes material “harmful to minors” on the Internet to require an “age verification system” to access the material.

Maine Legislative Document 1114Maine L.D. 1114 would make it a crime to electronically transmit “sexually explicit material” to a minor under 14 years old.

Massachusetts House Bill 1423Massachusetts H.B. 1423 would add a fourth prong to the existing three-prong test to determine what material is “harmful to minors” and may be banned for minors. The fourth prong would apply to content that depicted violence that is patently offensive to “prevailing standards in the adult community, so as to appeal predominantly to the morbid interest in violence of minors.”

Mississippi House Bill 1Mississippi H.B. 1 would bar the electronic dissemination to a minor of “sexually oriented material” that goes beyond the Miller/Ginsberg test.

Mississippi House Bill 57Mississippi H.B. 57 would criminalize the sale of sexual content beyond the Miller/Ginsberg test to minors and would make the crime a “sexual offense” on the part of the retailer. The crime would require registration as a sex offender and a 10-year mandatory minimum prison sentence.

Mississippi House Bill 195
Mississippi H.B. 195 would criminalize the intentional or knowing dissemination to anyone under 16 years old of material “harmful to minors.” Nothing in the bill or existing state law defines “harmful to minors.”

Mississippi Senate Bill 2360Mississippi S.B. 2360 would criminalize the knowing and intentional electronic dissemination of descriptions or depictions of simulated or actual sexually explicit nudity or conduct to a minor. The bill criminalizes content beyond the Miller/Ginsberg test.

New Jersey Assembly Bill 3757New Jersey A.B. 3757 would bar the transmission of “sexually-offensive communication” via a “social networking site” to or about a person who is reasonably believed to be either under 13 or between 13-16 but four years younger than the speaker. The bill would also require social networking sites to revoke access to speakers who make sexually offensive statements and/or set up an elaborate process to block access to specific users.

New York Senate Bill 5226
New York S.B. 5226 would criminalize the dissemination of “harmful to minors” material to a minor online. It is identical to a New York law that was struck down in the 1997 Media Coalition case American Library Association v. Pataki.

Rhode Island House Bill 5570Rhode Island H.B. 5570 would make it a felony to electronically disseminate indecent materials to a person known or believed to be a minor beyond what is allowed under the Miller/Ginsberg test. It would also bar the dissemination of a nude photo without the consent of all the people depicted in the photo. It is a companion bill to S.B. 550.

Rhode Island House Bill 7766Rhode Island H.B. 7766 would make it a felony to electronically disseminate indecent materials to a person known or believed to be a minor beyond what is allowed under the Miller/Ginsberg test. It is a companion bill to S.B. 2610.

Rhode Island Senate Bill 550Rhode Island S.B. 550 would make it a felony to electronically disseminate indecent materials to a person known or believed to be a minor beyond what is allowed under the Miller/Ginsberg test. It would also bar the dissemination of a nude photo without the consent of all the people depicted in the photo. It is a companion bill to H.B. 5570.

Rhode Island Senate Bill 2156
Rhode Island S.B. 2156 would make it illegal to sell or rent a video game rated M to anyone under 17 years old or a video game rated AO to anyone under 18. It would also make it illegal to sell or rent a “sexually explicit” or “violent” video game to a minor.

Rhode Island Senate Bill 2610Rhode Island S.B. 2610 would make it a felony to electronically disseminate indecent materials to a person known or believed to be a minor beyond what is allowed under the Miller/Ginsberg test. It is a companion bill to H.B. 7766.

Rhode Island Senate Bill 2647Rhode Island S.B. 2647 would make it a crime to electronically disseminate indecent materials to a person known or believed to be a minor beyond what is allowed under the Miller/Ginsberg test. It would also bar “annoying” communication that serves no legitimate purpose and causes emotional distress to a person. And it would criminalize the distribution of nude images without the consent of the person depicted.

Tennessee Senate Bill 1236Tennessee S.B. 1236 would enact a 25% sales tax on advertising in certain periodicals for sexually-oriented material and adult materials that are restricted for anyone less than 18.

Tennessee Senate Bill 2860 and House Bill 3081Tennessee S.B. 2860 and H.B. 3081 would impose a 25% tax on any material “harmful to minors”; any material sold or rented at a store with an “adults only” section; and any movies with “sexually explicit” content, with the exception of movies rated “R” or “NC-17″ by the Motion Picture Association of America.

West Virginia Senate Bill 128West Virginia S.B. 128 would bar the dissemination and display to minors of “harmful to minors” material, but the bill does not define “harmful to minors.”

West Virginia Senate Bill 640West Virginia S.B. 640 would bar the dissemination or display of any depictions of nudity or sexual conduct to minors.

Human Trafficking Prevention Act (HTPA)

Bills in this category aim to block access to certain categories of online content by forcing manufacturers, distributors and retailers to install and activate filtering software on any device that allows access to the internet.

New in Human Trafficking Prevention Act (HTPA):

Alabama House Bill 428Alabama H.B. 428 would make it a crime for anyone to sell any device that allows access to the internet unless it contains an active filter that blocks or restricts access to “obscene material,” which is defined to include “sexual cyber harassment” and any offers or ads for prostitution or human trafficking.

Florida House Bill 337/Senate Bill 870Florida H.B. 337/S.B. 870 would make it illegal for a business or individual to manufacture, produce or sell any device that provides internet access unless it contains an active and operating filter that blocks or restricts access to: material harmful to minors, obscene material, “revenge porn.”

Indiana House Bill 1533Bars the manufacture or distribution of devices that provide access to the internet without active software that blocks material harmful to minors or obscene as designated by the attorney general.

Louisiana House Bill 172Louisiana H.B. 172 bars any retailer in Louisiana from selling or leasing any device that provides internet access unless it includes an “active and operating digital blocking” capability that renders obscene material inaccessible.

New Jersey Assembly Bill 405/Senate Bill 2928New Jersey A.B. 4503/S.B. 2928 makes it a violation of New Jersey’s consumer fraud act to manufacture, or distribute any product that makes content on the internet accessible unless it contains digital blocking capability that that blocks any obscene material, defined as obscenity or harmful to minors, inaccessible.

North Dakota House Bill 1185North Dakota House Bill 1185 bars any business or individual that manufactures, produces or sells any device that provides internet access unless it makes inaccessible obscene material and to any “intimate image” as defined in the North Dakota harmful to minors law.

Oklahoma House Bill 1472Oklahoma H.B. 1472 requires blocking of obscene material. It was amended to make filtering for obscenity opt in. Must still block “revenge porn” and sites that facilitate prostitution and human trafficking.

South Carolina House Bill 3003South Carolina H.B. 3003 requires that all devices that allow access to the internet must come with an “active and operating digital blocking capability” that make obscene material “inaccessible.”

Texas House Bill 2266 Texas H.B. 2266 bars a business from selling or leasing to a consumer any product that makes content accessible on the internet is barred from doing business in Texas unless the product contains an “active and operating digital blocking capability” that blocks access to obscene material.

West Virginia Senate Bill 447Senate Bill 447 bars any retailer from selling any devices that allow access to the internet without active and operating digital blocking capability” that blocks obscene material.

Wyoming HB 245Wyoming H.B. 245 deems anyone who manufactures, sells or distributes an internet enabled device in this state that does not contain blocking software to violate the existing law for distributing obscenity, which is subject to up to one year in prison.

All Human Trafficking Prevention Act (HTPA):

Alabama House Bill 428Alabama H.B. 428 would make it a crime for anyone to sell any device that allows access to the internet unless it contains an active filter that blocks or restricts access to “obscene material,” which is defined to include “sexual cyber harassment” and any offers or ads for prostitution or human trafficking.

Florida House Bill 337/Senate Bill 870Florida H.B. 337/S.B. 870 would make it illegal for a business or individual to manufacture, produce or sell any device that provides internet access unless it contains an active and operating filter that blocks or restricts access to: material harmful to minors, obscene material, “revenge porn.”

Indiana House Bill 1533Bars the manufacture or distribution of devices that provide access to the internet without active software that blocks material harmful to minors or obscene as designated by the attorney general.

Louisiana House Bill 172Louisiana H.B. 172 bars any retailer in Louisiana from selling or leasing any device that provides internet access unless it includes an “active and operating digital blocking” capability that renders obscene material inaccessible.

New Jersey Assembly Bill 405/Senate Bill 2928New Jersey A.B. 4503/S.B. 2928 makes it a violation of New Jersey’s consumer fraud act to manufacture, or distribute any product that makes content on the internet accessible unless it contains digital blocking capability that that blocks any obscene material, defined as obscenity or harmful to minors, inaccessible.

North Dakota House Bill 1185North Dakota House Bill 1185 bars any business or individual that manufactures, produces or sells any device that provides internet access unless it makes inaccessible obscene material and to any “intimate image” as defined in the North Dakota harmful to minors law.

Oklahoma House Bill 1472Oklahoma H.B. 1472 requires blocking of obscene material. It was amended to make filtering for obscenity opt in. Must still block “revenge porn” and sites that facilitate prostitution and human trafficking.

South Carolina House Bill 3003South Carolina H.B. 3003 requires that all devices that allow access to the internet must come with an “active and operating digital blocking capability” that make obscene material “inaccessible.”

Texas House Bill 2266 Texas H.B. 2266 bars a business from selling or leasing to a consumer any product that makes content accessible on the internet is barred from doing business in Texas unless the product contains an “active and operating digital blocking capability” that blocks access to obscene material.

West Virginia Senate Bill 447Senate Bill 447 bars any retailer from selling any devices that allow access to the internet without active and operating digital blocking capability” that blocks obscene material.

Wyoming HB 245Wyoming H.B. 245 deems anyone who manufactures, sells or distributes an internet enabled device in this state that does not contain blocking software to violate the existing law for distributing obscenity, which is subject to up to one year in prison.

Other Content Restrictions

Legislation in this category place restrictions on speech other than materials with sexual or violent content. (See “Harmful to Minors” and “Obscenity” for restrictions on sexual content and “Violent Content” for restrictions on violent content.)

New other content restrictions bills:

Alabama House Bill 428Alabama H.B. 428 would make it a crime for anyone to sell any device that allows access to the internet unless it contains an active filter that blocks or restricts access to “obscene material,” which is defined to include “sexual cyber harassment” and any offers or ads for prostitution or human trafficking.

Florida House Bill 337/Senate Bill 870Florida H.B. 337/S.B. 870 would make it illegal for a business or individual to manufacture, produce or sell any device that provides internet access unless it contains an active and operating filter that blocks or restricts access to: material harmful to minors, obscene material, “revenge porn.”

Indiana House Bill 1533Bars the manufacture or distribution of devices that provide access to the internet without active software that blocks material harmful to minors or obscene as designated by the attorney general.

Louisiana House Bill 172Louisiana H.B. 172 bars any retailer in Louisiana from selling or leasing any device that provides internet access unless it includes an “active and operating digital blocking” capability that renders obscene material inaccessible.

North Dakota House Bill 1185North Dakota House Bill 1185 bars any business or individual that manufactures, produces or sells any device that provides internet access unless it makes inaccessible obscene material and to any “intimate image” as defined in the North Dakota harmful to minors law.

New Jersey Assembly Bill 405/Senate Bill 2928New Jersey A.B. 4503/S.B. 2928 makes it a violation of New Jersey’s consumer fraud act to manufacture, or distribute any product that makes content on the internet accessible unless it contains digital blocking capability that that blocks any obscene material, defined as obscenity or harmful to minors, inaccessible.

Oklahoma House Bill 1472Oklahoma H.B. 1472 requires blocking of obscene material. It was amended to make filtering for obscenity opt in. Must still block “revenge porn” and sites that facilitate prostitution and human trafficking.

South Carolina House Bill 3003South Carolina H.B. 3003 requires that all devices that allow access to the internet must come with an “active and operating digital blocking capability” that make obscene material “inaccessible.”

Texas House Bill 2266 Texas H.B. 2266 bars a business from selling or leasing to a consumer any product that makes content accessible on the internet is barred from doing business in Texas unless the product contains an “active and operating digital blocking capability” that blocks access to obscene material.

West Virginia Senate Bill 447Senate Bill 447 bars any retailer from selling any devices that allow access to the internet without active and operating digital blocking capability” that blocks obscene material.

Wyoming HB 245Wyoming H.B. 245 deems anyone who manufactures, sells or distributes an internet enabled device in this state that does not contain blocking software to violate the existing law for distributing obscenity, which is subject to up to one year in prison.

Alabama House Bill 167 and Senate Bill 222Alabama House Bill 167 and Senate Bill 222 would define a business as a “sexually oriented business” if it has “any business offering for sale, rent or the exhibit of items or services intended to provide sexual stimulation or sexual gratification to the customer.”

California Assembly Bill 1671California AB 1671, would make it a crime to disclose or distribute the contents of a “confidential conversation” if it was originally heard or recorded using an electronic amplifying or recording device. It also makes it illegal to aid, abet or employ anyone who discloses or distributes the content of such a conversation.

Nebraska Legislative Bill 892Nebraska L.B. 892 would criminalize electronic communication with another person using indecent, lewd or lascivious language or to suggest a lewd or lascivious act with the intent to annoy, offend, harass or terrify.

New Hampshire Senate Bill 465New Hampshire S.B. 465 would criminalize the dissemination of a nude or sexually explicit without consent of the person depicted if the picture was known or understood to remain private.

Rhode Island House Bill 7537 and Senate Bill 2510Rhode Island H.B. 7537 would bar the dissemination of a nude or sexually explicit image of another person without consent, under circumstances in which a reasonable person would know or understand the image was supposed to remain private.

South Dakota House Bill 1243South Dakota H.B. 1243 would criminalize the distribution of images of a person without clothing, under or through the clothing of the person or a person depicted in a sexual manner, without the consent of the person depicted.

All other content restrictions bills:

Alabama House Bill 428Alabama H.B. 428 would make it a crime for anyone to sell any device that allows access to the internet unless it contains an active filter that blocks or restricts access to “obscene material,” which is defined to include “sexual cyber harassment” and any offers or ads for prostitution or human trafficking.

Florida House Bill 337/Senate Bill 870Florida H.B. 337/S.B. 870 would make it illegal for a business or individual to manufacture, produce or sell any device that provides internet access unless it contains an active and operating filter that blocks or restricts access to: material harmful to minors, obscene material, “revenge porn.”

Indiana House Bill 1533Bars the manufacture or distribution of devices that provide access to the internet without active software that blocks material harmful to minors or obscene as designated by the attorney general.

Louisiana House Bill 172Louisiana H.B. 172 bars any retailer in Louisiana from selling or leasing any device that provides internet access unless it includes an “active and operating digital blocking” capability that renders obscene material inaccessible.

North Dakota House Bill 1185North Dakota House Bill 1185 bars any business or individual that manufactures, produces or sells any device that provides internet access unless it makes inaccessible obscene material and to any “intimate image” as defined in the North Dakota harmful to minors law.

New Jersey Assembly Bill 405/Senate Bill 2928New Jersey A.B. 4503/S.B. 2928 makes it a violation of New Jersey’s consumer fraud act to manufacture, or distribute any product that makes content on the internet accessible unless it contains digital blocking capability that that blocks any obscene material, defined as obscenity or harmful to minors, inaccessible.

Oklahoma House Bill 1472Oklahoma H.B. 1472 requires blocking of obscene material. It was amended to make filtering for obscenity opt in. Must still block “revenge porn” and sites that facilitate prostitution and human trafficking.

South Carolina House Bill 3003South Carolina H.B. 3003 requires that all devices that allow access to the internet must come with an “active and operating digital blocking capability” that make obscene material “inaccessible.”

Texas House Bill 2266 Texas H.B. 2266 bars a business from selling or leasing to a consumer any product that makes content accessible on the internet is barred from doing business in Texas unless the product contains an “active and operating digital blocking capability” that blocks access to obscene material.

West Virginia Senate Bill 447Senate Bill 447 bars any retailer from selling any devices that allow access to the internet without active and operating digital blocking capability” that blocks obscene material.

Wyoming HB 245Wyoming H.B. 245 deems anyone who manufactures, sells or distributes an internet enabled device in this state that does not contain blocking software to violate the existing law for distributing obscenity, which is subject to up to one year in prison.

Alabama House Bill 8Alabama H.B. 8 would require any website to remove arrest photos within 30 days of a request if the person was not convicted.

Arizona House Bill 2549Arizona H.B. 2549 would make it a misdemeanor to communicate by any electronic or digital device using any obscene, lewd, or profane language or suggest any lewd or lascivious act for any person, if done with the intent to annoy, offend, terrify, intimidate, threaten, or harass.

California Assembly Bill 538California A.B. 538 would require anyone that enters into a contract for “the sale of the story of a crime for which the offender was convicted” with a person convicted of specified crimes to report it to the Office of Survivor Rights and Services.

California Senate Bill 676California S.B. 676 would criminalize the publication of a name or other personal information “associated” with a nude photo distributed without consent.

Connecticut House Bill 6921Connecticut H.B. 6921 would make it a crime to disseminate a nude or sexually explicit photo without the consent of the person depicted and if the person knew that the person depicted understood the picture would remain private.

Hawaii House Bill 529Hawaii H.B. 529 would require online publishers to remove an arrest booking photo within 30 days upon written request by the person in the image if that person was not convicted.

Louisiana House Bill 1259
Louisiana H.B. 1259 would make it a crime to communicate with another person with the intent to coerce, abuse, intimidate, harass, frighten, embarrass or cause emotional distress.

Maine Legislative Document 679Maine L.D. 679 would make it a crime to distribute a nude or sexually explicit image of an identifiable person if the person knows or should have known that the person depicted did not consent to its distribution.

Maryland House Bill 744Maryland H.B. 744 would require websites to remove arrest photos for charges that can be expunged under state law.

Massachusetts House Bill 1399Massachusetts H.B. 1399 would require anyone who enters into a contract with anyone charged or convicted of a crime to report it to the state Attorney General and post a bond equal to the value of the contract.

Massachusetts House Bill 1513Massachusetts H.B. 1513 would make it a crime to disseminate a nude or sexually explicit image of another person if one knows or should have known the person depicted did not consent.

Michigan Senate Bill 508Michigan S.B. 508 would make it a crime to disseminate a nude or sexually explicit image of another person without consent and if the person depicted had a reasonable expectation of privacy.

Minnesota House Bill 1940Minnesota H.B. 1940 would require any publisher to remove an arrest photo if the person was not convicted of the crime. If the person was convicted, the bill would require publishers to limit the information associated with the photo. It is a companion bill to S.B. 1863.

Minnesota Senate Bill 1863Minnesota S.B. 1863 would require any publisher to remove an arrest photo if the person was not convicted of the crime. If the person was convicted, the bill would require publishers to limit the information associated with the photo. It is a companion bill to H.B. 1940.

Missouri House Bill 1665Missouri H.B. 1665 would require any website to remove an arrest photo if the person was not convicted of the crime.

Nebraska Legislative Bill 892Nebraska L.B. 892 would criminalize electronic communication with another person using indecent, lewd or lascivious language or to suggest a lewd or lascivious act with the intent to annoy, offend, harass or terrify.

Nebraska Legislative Bill 948Nebraska L.B. 948 would criminalize the act of contacting another person using a phone or any other communication device and multimedia storage device with language with an intent to annoy, offend, harass, or terrify.

New Hampshire House Bill 110New Hampshire H.B. 110 would require anyone who witnesses an instance of illegal animal cruelty to livestock or poultry to turn over visual evidence to law enforcement authorities within 24 hours.

New Hampshire House Bill 1144New Hampshire H.B. 1144 would require any website to remove criminal record information and the arrest photo if the person was not convicted of the crime.

New Hampshire Senate Bill 465New Hampshire S.B. 465 would criminalize the dissemination of a nude or sexually explicit without consent of the person depicted if the picture was known or understood to remain private.

North Carolina Senate Bill 744A section in North Carolina S.B. 744 would require publishers and websites to remove criminal record information or publish a retraction upon request if the person was not convicted of the crime.

North Dakota Senate Bill 2357North Dakota S.B. 2357 would criminalize the nonconsensual distribution of nude or sexually explicit images if the person depicted had a reasonable expectation of privacy and he or she suffered emotional distress or harm as a result.

Ohio House Bill 74
Ohio H.B. 74 would criminalize speech that causes emotional distress to another person or a person’s family member.

Ohio House Bill 414Ohio H.B. 414 would broaden existing law to criminalize any written communication that causes “mental or emotional” distress to a person or to a person’s family.

Pennsylvania House Bill 2533 and Senate Bill 508Pennsylvania H.B. 2533 and S.B. 508 would allow a victim of a personal injury crime to bring a civil action against any offender to obtain injunctive relief for “conduct which perpetuates the continuing effect of the crime on the victim.”

Rhode Island House Bill 5570Rhode Island H.B. 5570 would make it a felony to electronically disseminate indecent materials to a person known or believed to be a minor beyond what is allowed under the Miller/Ginsberg test. It would also bar the dissemination of a nude photo without the consent of all the people depicted in the photo. It is a companion bill to S.B. 550.

Rhode Island Senate Bill 550Rhode Island S.B. 550 would make it a felony to electronically disseminate indecent materials to a person known or believed to be a minor beyond what is allowed under the Miller/Ginsberg test. It would also bar the dissemination of a nude photo without the consent of all the people depicted in the photo. It is a companion bill to H.B. 5570.

Rhode Island Senate Bill 2647Rhode Island S.B. 2647 would make it a crime to electronically disseminate indecent materials to a person known or believed to be a minor beyond what is allowed under the Miller/Ginsberg test. It would also bar “annoying” communication that serves no legitimate purpose and causes emotional distress to a person. And it would criminalize the distribution of nude images without the consent of the person depicted.

South Carolina Senate Bill 255South Carolina S.B. 255 would require any website to remove arrest and booking records within 30 days of written request if the person was not convicted.

Texas House Bills 101 and 603Texas H.B. 101 and H.B. 603 would criminalize the distribution of nude images if one knows or should have known that the person depicted did not consent to the distribution.

Texas Senate Bill 1135Texas S.B. 1135 would bar the distribution of nude or sexually explicit images without the consent of the person depicted, if the person depicted is identifiable (even if the identifying information was added by a third party) and if the distribution caused harm to the person depicted.

Texas Senate Bill 1512Texas S.B. 1512 would categorize “sensitive crime scene” photos as not part of public disclosure under Texas’s Public Information Act and would limit access and distribution.

Vermont House Bill 105Vermont H.B. 105 would make it a crime to disseminate a nude or sexually explicit image of another person if one knows or should have known that the person depicted did not consent to its dissemination.

Wisconsin Senate Bill 184Wisconsin S.B. 184 would bar the electronic posting of messages where other persons can view them using lewd or profane language or suggesting a lewd or lascivious act with the intent to annoy or offend.

Prior Restraint/Seizure

Legislation under this category allow seizure of materials or place restrictions on distribution of materials prior to a court decision that the material can be seized or that its dissemination can be blocked.

Alabama House Bill 8Alabama H.B. 8 would require any website to remove arrest photos within 30 days of a request if the person was not convicted.

Hawaii House Bill 529Hawaii H.B. 529 would require online publishers to remove an arrest booking photo within 30 days upon written request by the person in the image if that person was not convicted.

Maryland House Bill 744Maryland H.B. 744 would require websites to remove arrest photos for charges that can be expunged under state law.

Minnesota House Bill 1940Minnesota H.B. 1940 would require any publisher to remove an arrest photo if the person was not convicted of the crime. If the person was convicted, the bill would require publishers to limit the information associated with the photo. It is a companion bill to S.B. 1863.

Minnesota Senate Bill 1863Minnesota S.B. 1863 would require any publisher to remove an arrest photo if the person was not convicted of the crime. If the person was convicted, the bill would require publishers to limit the information associated with the photo. It is a companion bill to H.B. 1940.

Missouri House Bill 1665Missouri H.B. 1665 would require any website to remove an arrest photo if the person was not convicted of the crime.

New Hampshire House Bill 110New Hampshire H.B. 110 would require anyone who witnesses an instance of illegal animal cruelty to livestock or poultry to turn over visual evidence to law enforcement authorities within 24 hours.

New Hampshire House Bill 1144New Hampshire H.B. 1144 would require any website to remove criminal record information and the arrest photo if the person was not convicted of the crime.

North Carolina Senate Bill 744A section in North Carolina S.B. 744 would require publishers and websites to remove criminal record information or publish a retraction upon request if the person was not convicted of the crime.

Pennsylvania House Bill 2533 and Senate Bill 508Pennsylvania H.B. 2533 and S.B. 508 would allow a victim of a personal injury crime to bring a civil action against any offender to obtain injunctive relief for “conduct which perpetuates the continuing effect of the crime on the victim.”

South Carolina Senate Bill 255South Carolina S.B. 255 would require any website to remove arrest and booking records within 30 days of written request if the person was not convicted.

Texas Senate Bill 1512Texas S.B. 1512 would categorize “sensitive crime scene” photos as not part of public disclosure under Texas’s Public Information Act and would limit access and distribution.

Ratings Enforcement

Bills in this category effect the voluntary ratings systems: some seek to enforce these voluntary ratings, others impose tax or other financial penalties on material that fall under one of the rating categories, and other bills seek to create a government rating system.

Alabama House Bill 39Alabama H.B. 39 would impose a 40 percent tax on “harmful to minors” material, with the exception of movies rated “R” or “NC-17.” It would also impose a 10 percent tax on sexually oriented material.

Iowa Senate File 410
Iowa S.F. 410 would require public libraries to bar minors from renting material that has been rated R, NC-17 or a comparable rating by the MPAA and the ESRB.

New York Assembly Bill 11717New York A.B. 11717 would bar any retailer from selling or renting any video game that has been rated if its rating is not prominently displayed on its cover or jacket.

Oklahoma House Bill 2696Oklahoma H.B. 2696 would impose a 1% excise tax on video games with violent content. This tax would be added on top of already existing state or local taxes imposed on general merchandise.

Rhode Island Senate Bill 2156
Rhode Island S.B. 2156 would make it illegal to sell or rent a video game rated M to anyone under 17 years old or a video game rated AO to anyone under 18. It would also make it illegal to sell or rent a “sexually explicit” or “violent” video game to a minor.

Tennessee Senate Bill 2860 and House Bill 3081Tennessee S.B. 2860 and H.B. 3081 would impose a 25% tax on any material “harmful to minors”; any material sold or rented at a store with an “adults only” section; and any movies with “sexually explicit” content, with the exception of movies rated “R” or “NC-17″ by the Motion Picture Association of America.

Utah House Bill 353Utah H.B. 353 would allow video game retailers to be sued if they advertise that they will adhere to the private ESRB rating system but fail to do so.

Washington House Bill 2103Washington H.B. 2103 imposes a sales tax on “adult entertainment material” and defines “adult” material as any material that is primarily interested in sex, using sex acts that would merit an “X” rating from the Motion Picture Association of America as a benchmark.

Sexually Explicit Content and Minors

These bills attempt to define as child pornography material that does not include actual children, such as drawings, sculptures, visual media involving adults portraying minors and computer generated images.

New in sexually explicit content and minors:

Indiana Senate Bill 14Indiana S.B. 14 would amend the existing state statute criminalizing sexually explicit depictions of minors. The existing law applies to descriptions of minors, drawings of minors and depictions of adults who appear to be minors.

All sexually explicit content and minors bills:

Florida Senate Bill 1618Florida S.B. 1618 would revise the definition of the term “child pornography” to include visual depiction that has been “created, adapted, or modified” to appear that a minor engaged in sexual conduct.

Indiana Senate Bill 14Indiana S.B. 14 would amend the existing state statute criminalizing sexually explicit depictions of minors. The existing law applies to descriptions of minors, drawings of minors and depictions of adults who appear to be minors.

Indiana Senate Bill 313Indiana S.B. 313 would amend the existing state statute that criminalizes the possession or dissemination of any material that contains depictions of minors engaged in “sexual conduct.” The existing law is unconstitutionally overbroad.

Taxation Based on Content

These bills impose financial penalties on speech based on its content.

Alabama House Bill 167 and Senate Bill 222Alabama House Bill 167 and Senate Bill 222 would define a business as a “sexually oriented business” if it has “any business offering for sale, rent or the exhibit of items or services intended to provide sexual stimulation or sexual gratification to the customer.”

Alabama House Bill 39Alabama H.B. 39 would impose a 40 percent tax on “harmful to minors” material, with the exception of movies rated “R” or “NC-17.” It would also impose a 10 percent tax on sexually oriented material.

Alabama House Bill 153Alabama H.B. 153 would impose a 30% tax on material that is legally obscene for adults and “adult novelty items.” “Adult novelty items” is defined to include “material that is sexually oriented in nature.”

Indiana House Bill 1042Indiana H.B. 1042 would bar any business or individual from selling any material that contains “sexually explicit” content unless they have registered with the Secretary of State.

Massachusetts House Bill 1399Massachusetts H.B. 1399 would require anyone who enters into a contract with anyone charged or convicted of a crime to report it to the state Attorney General and post a bond equal to the value of the contract.

New York Assembly Bill 290New York A.B. 290 would enact a law that imposes a $2 surcharge on each magazine, video, DVD, or website registered in New York that contains nude images.

Oklahoma House Bill 2696Oklahoma H.B. 2696 would impose a 1% excise tax on video games with violent content. This tax would be added on top of already existing state or local taxes imposed on general merchandise.

Tennessee Senate Bill 1236Tennessee S.B. 1236 would enact a 25% sales tax on advertising in certain periodicals for sexually-oriented material and adult materials that are restricted for anyone less than 18.

Tennessee Senate Bill 2860 and House Bill 3081Tennessee S.B. 2860 and H.B. 3081 would impose a 25% tax on any material “harmful to minors”; any material sold or rented at a store with an “adults only” section; and any movies with “sexually explicit” content, with the exception of movies rated “R” or “NC-17″ by the Motion Picture Association of America.

Washington House Bill 2103Washington H.B. 2103 imposes a sales tax on “adult entertainment material” and defines “adult” material as any material that is primarily interested in sex, using sex acts that would merit an “X” rating from the Motion Picture Association of America as a benchmark.

West Virginia House Bill 2119West Virginia H.B. 2119 would impose a $1 tax on the sale or rental of any material deemed obscene by the tax commissioner.

Third Party Liability, Tort Claims and Civil Liability

These bills allow for a civil cause of action or tort claim against producers, distributors and retailers of various types of media.

Alabama Senate Bill 197Alabama S.B. 197 would create a right of publicity in a person’s “indicia of identity.” There is an exception for expressive works, but for expressive works that are “a replica as to constitute a copy,” the exception is contingent on the use being protected by the U.S. and Alabama Constitutions.

Arizona House Bill 2660Arizona House Bill 2660 would create a civil cause of action against any distributor or producer of “dangerous” material that is found to produce or incite a felony.

Arkansas Senate Bill 79Arkansas S.B. 79 would create a right of publicity in an individual’s name, voice, signature, image or likeness. Artistic use is exempted from the right, but only if the use is protected by the First Amendment.

California Assembly Bill 538California A.B. 538 would require anyone that enters into a contract for “the sale of the story of a crime for which the offender was convicted” with a person convicted of specified crimes to report it to the Office of Survivor Rights and Services.

Hawaii House Bill 548
Hawaii H.B. 548 would impose civil liability on any author or publisher of a visitor guide or website that describes activities or attractions on privately or publicly owned land, if a person suffers an injury or dies on such property. It is companion to S.B. 1207.

Hawaii Senate Bill 1207
Hawaii S.B. 1207 would impose civil liability on any author or publisher of a visitor guide or website that describes activities or attractions on privately or publicly owned land, if a person suffers an injury or dies on such property. It is companion to H.B. 548.

Louisiana House Bill 415Louisiana HB 415 would create a right of publicity for the life of a person plus 50 years. The right applies to a person’s “identity,” which is defined as their name, voice, signature, photograph, image, likeness, or any distinct appearance, gesture, or mannerism.

Massachusetts House Bill 1399Massachusetts H.B. 1399 would require anyone who enters into a contract with anyone charged or convicted of a crime to report it to the state Attorney General and post a bond equal to the value of the contract.

New Hampshire Senate Bill 175New Hampshire S.B. 175 would create a right of publicity, explicitly giving individuals the right to control the use of his or her identity for 70 years in addition to their lifetime. An amendment to the bill removed a section that allowed exceptions for works of or in the media.

New York Assembly Bill 8155 and Senate Bill 5857New York A.B. 8155 and S.B. 5857 would expand New York’s right of publicity law to include a person’s persona. The legislation would establish the right of publicity for both living and deceased individuals; provides that an individual’s name, voice, signature and likeness is the personal property of the individual and is freely transferable and descendible; provides for the registration with the department of state of such rights of a deceased individual; and establishes a 1 year statute of limitations for commencing a cause of action for the violation of such right.

New York Assembly Bill 7904 and Senate Bill 5650New York A.B. 7904 and S.B. 5650 would create a right of publicity in a person’s name, voice, signature, image or likeness for any person deceased within the last 70 years who was domiciled at New York at the time of death. There is an exception for expressive use, but there is a “caveat” to this exception.

Pennsylvania House Bill 2533 and Senate Bill 508Pennsylvania H.B. 2533 and S.B. 508 would allow a victim of a personal injury crime to bring a civil action against any offender to obtain injunctive relief for “conduct which perpetuates the continuing effect of the crime on the victim.”

Violent Content

These bills criminalize or otherwise impose restrictions or penalties on material with violent themes and images, which the Supreme Court has deemed is fully protected by the First Amendment for adults and minors.

Connecticut Senate Bill 328Connecticut S.B. 328 would require owners of public establishments or arcades to bar minors from using certain video games with violent imagery. The bill would also create a task force to study the effects of video games with violent content on youth behavior.

Delaware House Bill 346
Delaware H.B. 346 would criminalize viewing or possessing visual depictions of animal cruelty, if the act of cruelty is illegal under Delaware or federal law and if it lacks serious scientific, journalistic or political value.

Massachusetts House Bill 1423Massachusetts H.B. 1423 would add a fourth prong to the existing three-prong test to determine what material is “harmful to minors” and may be banned for minors. The fourth prong would apply to content that depicted violence that is patently offensive to “prevailing standards in the adult community, so as to appeal predominantly to the morbid interest in violence of minors.”

Massachusetts Senate Bill 168Massachusetts S.B. 168 would create a commission to study video games that allow a player to simulate severe battery or killing.

Massachusetts Senate Bill 636
Massachusetts S.B. 636 would require video game and software publishers and television programmers to post labels on content with violent themes. It also requires parents to bar minors from accessing such content.

New Jersey Senate Bill 2715New Jersey S.B. 2715 would require the Department of Education to make available information on how parents can limit children’s exposure to electronic media with violent images or themes, with specific research and statistics about media effects.

Oklahoma House Bill 2696Oklahoma H.B. 2696 would impose a 1% excise tax on video games with violent content. This tax would be added on top of already existing state or local taxes imposed on general merchandise.

Rhode Island Senate Bill 2156
Rhode Island S.B. 2156 would make it illegal to sell or rent a video game rated M to anyone under 17 years old or a video game rated AO to anyone under 18. It would also make it illegal to sell or rent a “sexually explicit” or “violent” video game to a minor.

Zoning and Licensing

Alabama House Bill 153Alabama H.B. 153 would impose a 30% tax on material that is legally obscene for adults and “adult novelty items.” “Adult novelty items” is defined to include “material that is sexually oriented in nature.”

Baltimore County Council Bill 50-10
Baltimore County Council Bill 50-10 would define a business as an “adult business” if 15 percent of stock and trade, floor space or revenue is derived from material that describes or depicts sexual activities.

Indiana House Bill 1042Indiana H.B. 1042 would bar any business or individual from selling any material that contains “sexually explicit” content unless they have registered with the Secretary of State.

Tennessee Senate Bill 2860 and House Bill 3081Tennessee S.B. 2860 and H.B. 3081 would impose a 25% tax on any material “harmful to minors”; any material sold or rented at a store with an “adults only” section; and any movies with “sexually explicit” content, with the exception of movies rated “R” or “NC-17″ by the Motion Picture Association of America.